[Federal Register Volume 62, Number 36 (Monday, February 24, 1997)]
[Rules and Regulations]
[Pages 8171-8173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4421]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA-13-0027a; FRL 5688-2]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, South Coast Air Quality Management
District and Yolo-Solano Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan. The revisions concern rules from
the South Coast Air Quality Management District (SCAQMD) and Yolo-
Solano Air Quality Management District (YSAQMD). This approval action
will incorporate these rules into the federally approved SIP. The
intended effect of approving these rules is to regulate emissions of
volatile organic compounds (VOCs) in accordance with the requirements
of the Clean Air Act, as amended in 1990 (CAA or the Act). The revised
rules control VOC emissions from wastewater separators and
pharmaceutical manufacturing operations. Thus, EPA is finalizing the
approval of these revisions into the California SIP under provisions of
the CAA regarding EPA action on SIP submittals, SIPs for national
primary and secondary ambient air quality standards and plan
requirements for nonattainment areas.
DATES: This action is effective on April 25, 1997 unless adverse or
critical comments are received by March 26, 1997. If the effective date
is delayed, a timely notice will be published in the Federal Register.
ADDRESSES: Copies of the rule revisions and EPA's evaluation report for
each rule are available for public inspection at EPA's Region IX office
during normal business hours. Copies of the submitted rule revisions
are available for inspection at the following locations:
Rulemaking Section [Air-4], Air Division, U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street,
S.W., Washington, D.C. 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095.
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182.
Yolo-Solano Air Quality Management District, 1947 Galileo Court, Suite
103, Davis, CA 95616.
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Section
[Air-4], Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1197.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: South
Coast Air Quality Management District (SCAQMD) Rule 464, Wastewater
Separators, and Yolo-Solano Air Quality Management District (YSAQMD)
Rule 2.35, Pharmaceutical Manufacturing Operations. These rules were
submitted by the California Air Resources Board to EPA on May 13, 1991
and November 30, 1994, respectively.
Background
On March 3, 1978, EPA promulgated a list of ozone nonattainment
areas under the provisions of the Clean Air Act, as amended in l977
(1977 Act or pre-amended Act), that included the Yolo-Solano County
Area and the Los-Angeles-South Coast Air Basin (LA Basin). 43 FR 8964,
40 CFR 81.305. On May 26, 1988, EPA notified the Governor of
California, pursuant to section 110(a)(2)(H) of the 1977 Act, that the
above districts' portions of the California SIP were inadequate to
attain and maintain the ozone standard and requested that deficiencies
in the existing SIP be corrected (EPA's SIP-Call). On November 15,
1990, the Clean Air Act Amendments of 1990 were enacted. Pub. L. 101-
549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended
section 182(a)(2)(A) of the CAA, Congress statutorily adopted the
requirement that nonattainment areas fix their deficient reasonably
available control technology (RACT) rules for ozone and established a
deadline of May 15, 1991 for states to submit corrections of those
deficiencies.
Section 182(a)(2)(A) applies to areas designated as nonattainment
prior to enactment of the amendments and classified as marginal or
above as of the date of enactment. It requires such areas to adopt and
correct RACT rules pursuant to pre-amended section 172(b) as
interpreted in pre-amendment guidance.1 EPA's SIP-Call used that
guidance to indicate the necessary corrections for specific
nonattainment areas. The Yolo-Solano County Area is classified as
serious; the portion of Solano County in the Sacramento Metropolitan
Area is classified as
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serious; the portion of Solano County in the San Francisco-Bay Area is
classified as moderate.2 The LA Basin is classified as
extreme;3 therefore, these areas were subject to the RACT fix-up
requirement and the May 15, 1991 deadline.
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\1\ Among other things, the pre-amendment guidance consists of
those portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,
Clarification to Appendix D of November 24, 1987 Federal Register
Notice'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988); and the existing control
technique guidelines (CTGs).
\2\ Yolo County, the portion of Solano County in the Sacramento
Metropolitan Area, and the portion of Solano County in the San
Francisco-Bay Area retained their designations and were classified
by operation of law pursuant to sections 107(d) and 181(a) upon the
date of enactment of the CAA. See 56 FR 56694 (November 6, 1991).
\3\ The LA Basin has retained its designation of nonattainment
and was classified by operation of law pursuant to sections 107(d)
and 181(a) upon the date of enactment of the CAA. See 56 FR 56694
(November 6, 1991).
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The State of California submitted many revised RACT rules for
incorporation into its SIP on May 13, 1991 and November 30, 1994,
including the rules being acted on in this document. This document
addresses EPA's direct-final action for YSAQMD Rule 2.35,
Pharmaceutical Manufacturing Operations and SCAQMD Rule 464, Wastewater
Separators. YSAQMD adopted Rule 2.35 on September 14, 1994; and SCAQMD
adopted Rule 464 on December 7, 1990. These submitted rules were found
to be complete on July 10, 1991 and January 30, 1995, pursuant to EPA's
completeness criteria that are set forth in 40 CFR part 51, Appendix V
4 and is being finalized for approval into the SIP.
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\4\ EPA adopted the completeness criteria on February 16, 1990
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,
revised the criteria on August 26, 1991 (56 FR 42216).
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YSAQMD Rule 2.35 controls VOC emissions from the manufacture of
pharmaceutical and cosmetic products or devices; and SCAQMD Rule 464
controls VOC emissions from wastewater treatment equipment used to
separate petroleum-driven compounds from wastewater, which includes
separator basins, skimmers, grit chambers, and sludge hoppers. VOCs
contribute to the production of ground level ozone and smog. YSAQMD
Rule 2.35 and SCAQMD Rule 464 were originally adopted as part of each
district's effort to achieve the National Ambient Air Quality Standard
(NAAQS) for ozone and in response to EPA's SIP-Call and the section
182(a)(2)(A) CAA requirement. The following is EPA's evaluation and
final action for this rule.
EPA Evaluation and Action
In determining the approvability of a VOC rule, EPA must evaluate
the rule for consistency with the requirements of the CAA and EPA
regulations, as found in section 110 and part D of the CAA and 40 CFR
part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans). The EPA interpretation of these requirements,
which forms the basis for today's action, appears in the various EPA
policy guidance documents listed in footnote 1. Among those provisions
is the requirement that a VOC rule must, at a minimum, provide for the
implementation of RACT for stationary sources of VOC emissions. This
requirement was carried forth from the pre-amended Act.
For the purpose of assisting state and local agencies in developing
RACT rules, EPA prepared a series of Control Technique Guideline (CTG)
documents. The CTGs are based on the underlying requirements of the Act
and specify the presumptive norms for what is RACT for specific source
categories. Under the CAA, Congress ratified EPA's use of these
documents, as well as other Agency policy, for requiring States to
``fix-up'' their RACT rules. See section 182(a)(2)(A). The CTGs
applicable to these rules are entitled, ``Control of Refinery Vacuum
Producing Systems, Wastewater Separators, and Process Unit
Turnarounds,'' EPA-450/2-77-025; and ``Control of Volatile Organic
Emissions from Manufacture of Synthesized Pharmaceutical Products,''
EPA-450/2-78-029. Further interpretations of EPA policy are found in
the Blue Book, referred to in footnote 1. In general, these guidance
documents have been set forth to ensure that VOC rules are fully
enforceable and strengthen or maintain the SIP.
YSAQMD's submitted Rule 2.35, Pharmaceutical Manufacturing
Operations, is a new rule and includes:
Specific emissions standards and control methods for
equipment, maintenance and repair, and surface preparation and cleanup
solvents;
A compliance schedule for existing source modifications;
Exemptions for small facilities and sources subject to
other district rules;
Extensive monitoring and recordkeeping requirements for
small-users, organic compound processing, emission control equipment,
and solvent waste/residue disposal.
SCAQMD Rule 464, Wastewater Separators, includes the following
significant changes from the current SIP:
The definition of wastewater separator was added to the
rule;
The equivalency provision in section (b)(1)(C) was deleted
at the request of EPA because it allowed the Executive Director to
approve the use of other equipment of equivalent effectiveness as a
solid cover and/or a floating pontoon or double-deck type cover without
EPA's concurrence;
The effective dates were deleted because they were
outdated.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, YSAQMD Rule 2.35, Pharmaceutical Manufacturing Operations
and SCAQMD Rule 464, Wastewater Separators, are being approved under
section 110(k)(3) of the CAA as meeting the requirements of section
110(a) and part D.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future implementation
plan. Each request for revision to the state implementation plan shall
be considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
EPA is publishing this document without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revisions
should adverse or critical comments be filed. This action will be
effective April 25, 1997, unless, by March 26, 1997, adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective April 25, 1997.
Regulatory Process
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that these rules will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises and
government entities with jurisdiction over population of less than
50,000.
SIP approvals under sections 110 and 301(a) and subchapter I, Part
D of the CAA do not create any new requirements, but simply approve
requirements that the State is already
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imposing. Therefore, because the Federal SIP-approval does not impose
any new requirements, I certify that it does not have a significant
impact on any small entities affected. Moreover, due to the nature of
the Federal-state relationship under the CAA, preparation of a
regulatory flexibility analysis would constitute Federal inquiry into
the economic reasonableness of state action. The CAA forbids EPA to
base its actions concerning SIPs on such grounds. Union Electric Co. v.
U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976); 42 U.S.C. 7410(a)(2).
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Part D of the Clean Air
Act. These rules may bind State, local, and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. The rules being approved by this action will impose no
new requirements because affected sources are already subject to these
regulations under State law. Therefore, no additional costs to State,
local, or tribal governments or to the private sector result from this
action. EPA has also determined that this final action does not include
a mandate that may result in estimated costs of $100 million or more to
State, local, or tribal governments in the aggregate or to the private
sector.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedures Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of the rule in today's Federal Register.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2) of the
APA as amended.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Note: Incorporation by reference of the State Implementation
Plan for the State of California was approved by the Director of the
Federal Register on July 1, 1982.
Dated: February 3, 1997.
Felicia Marcus,
Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
Subpart F--California
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.220 is amended by adding paragraphs (c)(184)
(i)(B)(6) and (c)(207)(i)(C)(5) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(184) * * *
(i) * * *
(B) * * *
(6) Rule 464, adopted on December 7, 1990.
* * * * *
(207) * * *
(i) * * *
(C) * * *
(5) Rule 2.35, adopted on September 14, 1994.
* * * * *
[FR Doc. 97-4421 Filed 2-21-97; 8:45 am]
BILLING CODE 6560-50-P
